When you are behind the wheel, you are responsible for not only your safety but the safety of everybody else. When a driver or pedestrian “fails to yield” to another vehicle or person, they may be guilty of causing an accident by not following right-of-way laws. Drivers have more regulations regarding failure to yield than pedestrians. Common causes for these accidents include:
- flashing yellow or red light
- when a driver making a left turn fails to yield to oncoming traffic
- when a car is aggressive about merging onto the highway
- when a driver is entering the street from a private driveway
- when a driver fails to yield the right of way to a pedestrian already in a crosswalk.
Failure to Yield
When a driver, bicyclist, or pedestrian has the right-of-way, it simply means they have the right to proceed before another vehicle. A failure to yield accident occurs when a driver fails to yield the road appropriately, causing a crash.
What Are the Failure to Yield Laws in NY State?
New York has specific right-of-way and vehicle traffic laws, as outlined in New York’s Vehicle and Traffic Law Code. One party may be held liable for the victim or plaintiff’s medical bills, lost property, and more by failing to yield the right-of-way appropriately. Settlement amounts can vary depending on the circumstances of the case and the expenses incurred because of the accident. Furthermore, NY VTL Section 1151 states that drivers must yield to pedestrians crossing within a crosswalk legally, even if there isn’t a traffic signal or sign. Additionally, a driver may not pass another if the first driver has stopped to let a pedestrian cross at an intersection. In addition, New York drivers must yield to emergency vehicles, such as fire trucks, police cars, and ambulances.
A person hurt by another driver’s failure to yield can sue for compensatory damages, including medical bills, lost income, out-of-pocket expenses, household services, vocational rehabilitation, disfigurement, and pain and suffering. In some states, the spouse of an injured person can bring a claim for loss of consortium. If you believe the other party failed to yield to your right of way, you should:
- Take pictures of the damaged vehicle or injured person
- Exchange contact and insurance information
- Gather witness testimonials
- Do not admit fault or yell at the other parties involved
- Do not talk to the insurance company until you speak to an attorney
In any failure to yield accident, the accused party must be proven to have been negligent to be found at fault.
We Are Here To Help
If you or a loved one have been injured in a failure to yield accident, you will need a professional attorney you can trust to handle your case. At Edelman, Krasin, & Jaye, PLLC, we offer more than 60 years of combined experience. We have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to bringing the compensation you deserve. Contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and our Live Chat application on our website to have your questions answered.